In a proceeding to probate a will in New York State, all the heirs of the deceased testator must consent to the will being admitted to probate or be served with a citation.\u00a0 The citation advises the heir that a last will and testament will be offered for probate on a certain date and if they or their attorney don’t appear at the court’s calendar call, it is deemed that they consent.\u00a0 If heirs appear that have been disinherited or otherwise left less than their intestate share,\u00a0 a will contest may ensue substantially delaying or even denying probate of the will.<\/p>\n
During this time, a proposed executor may need to administer the estate, that is,\u00a0 collect estate assets, pay bills, file tax returns and\u00a0 manage estate assets that would otherwise be in jeopardy of decreasing in value. \u00a0 In such a case a nominated executor can apply for “Preliminary Letters Testamentary.”\u00a0 A petition for preliminary letters\u00a0 and a preliminary executor’s bond must be filed with the court.\u00a0 Upon the filing of the petition and bond, the nominated executor will be appointed a “preliminary executor” and issued preliminary letters testamentary. \u00a0 A preliminary executor has the same powers that an executor would have to administer the estate but may not, however, make any distributions to beneficiaries under the will which is being contested and must instead take measures to preserve those assets.<\/p>\n
If you are a nominated executor and anticipate a delay in probate due to a will contest or are already involved in a will contest,\u00a0 you should discuss obtaining preliminary letters testamentary with your attorney.<\/p>\n
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In a proceeding to probate a will in New York State, all the heirs of the deceased testator must consent to the will being admitted to probate or be served with a citation.\u00a0 The citation advises the heir that a … Continue reading